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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3041
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

FTC announces settlement with "official" ticket seller that wasn't

5 months agoIndustries / Law : 43(B)log

Details at the FTC's site. I was interested in this because usually the FTC leaves alone cases in which a business victim is a likely plaintiff; it makes sense to use government resources to go after defendants who otherwise would be ignored. Show More Summary

Trademark exceptionalism wins another round in Maryland

5 months agoIndustries / Law : 43(B)log

Hershey Co. v. Friends of Steve Hershey, 2014 WL 3571691, No. WDQ–14–1825 (D. Md. July 17, 2014) Thanks to prodding from Eric Goldman for me to blog about it, here’s a case where we learn that the only constraint on political speech left is intellectual property. Show More Summary

Pom doesn't change preclusion analysis for medical devices

5 months agoIndustries / Law : 43(B)log

Catheter Connections, Inc. v. Ivera Medical Corp., 2014 WL 3536573, No. 2:14–CV–70 (D. Utah, July 17, 2014) The parties compete in the medical device market for infection-control devices. At issue here are disinfectant caps incorporated into intravenous (IV) lines that deliver fluids and drugs to patients. Show More Summary

regulating TM owner's confusing use of TM doesn't violate First Amendment

5 months agoIndustries / Law : 43(B)log

AEP Texas Comm. & Indus. Retail Ltd. P’ship v. Public Util. Comm’n, 2014 WL 3558763, No. 03–13–00358–CV, -- S.W.3d – (Tex. Ct. App. July 17, 2014) A complicated regulatory background is the setting for this case about the evidence required...Show More Summary

FTC goes after misleading certification mark

5 months agoIndustries / Law : 43(B)log

Here's some discussion of the FTC's complaint from the FTC itself, with a link to the proposed settlement. Unsurprising takeaway: If you purport to certify products as "Made in the USA," it is a good idea to do some verification of the manufacturers you accept into your program. Show More Summary

Georgetown Law's new Center on Privacy and Technology

5 months agoIndustries / Law : 43(B)log

Learn more here. All my colleagues who worked on this deserve congratulations--Professors Julie Cohen, David Vladeck, Laura Donohue and Angela Campbell worked tirelessly for this achievement. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

trademark beats copyright at surviving motion to dismiss

5 months agoIndustries / Law : 43(B)log

Gorski v. Gymboree Corp., 2014 WL 3533324, No. 14-CV-01314 (N.D. Cal. July 16, 2014) Via Eric Goldman. Gorski and Gymboree both make shirts that feature the phrase “lettuce turnip the beet.” Gorski sued for copyright and trademark infringement;...Show More Summary

allegations about fake reviews can support false advertising claim

5 months agoIndustries / Law : 43(B)log

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 3516252, No. CV 14–01873 (C.D. Cal. July 15, 2014) The parties compete to sell gold and other precious metals as retirement investments. Plaintiff (ABI) advertises online using third-party affiliates, who get paid for referrals. Show More Summary

Uber/under: false advertising and association claims against Uber continue

5 months agoIndustries / Law : 43(B)log

Yellow Group LLC v. Uber Technologies Inc., No. 12 C 7967, 2014 WL 3396055 (N.D. Ill. July 10, 2014) Taxi medallion owners, taxi affiliations (taxi dispatch services), and livery service providers sued Uber, alleging that it competed...Show More Summary

Using up most of settlement fund shows settlement is reasonable

5 months agoIndustries / Law : 43(B)log

Larsen v. Trader Joe’s Co., No. 11-cv-05188, 2014 WL 3404531 (N.D. Cal. July 11, 2014) This is a final settlement approval of claims based on products labeled “All Natural” or “100% Natural,” when they allegedly contained synthetic ingredients. Show More Summary

on Thursdays, we're teddy bear doctors

5 months agoIndustries / Law : 43(B)log

The Hollywood Reporter on a lawsuit alleging infringement by the 2012 film Ted of a foul-mouthed teddy bear character that lives with humans. This post brought to you by a reminder that Supernatural did it in 2008: Yes, this is an actual line from the show. Show More Summary

Reading list: food law

5 months agoIndustries / Law : 43(B)log

Regent University’s law review had a symposium on food law. Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural Law Nicole E. Show More Summary

Twiqbal kills consumer class action in 2d Circuit

5 months agoIndustries / Law : 43(B)log

DiMuro v. Clinique Laboratories, LLC, --- Fed.Appx. ----, 2014 WL 3360586, No. 13–4551 (2d Cir. July 10, 2014) The Second Circuit quickly affirms the dismissal of a putative consumer class action based on Clinique’s marketing of seven different “Repairwear” cosmetics. Show More Summary

Amended aggravation: Garcia v. Google

5 months agoIndustries / Law : 43(B)log

Never say an opinion (previously discussed here) can’t get worse. The amended opinion in Garcia v. Google manages that feat: Nothing we say today precludes the district court from concluding that Garcia doesn’t have a copyrightable interest, or that Google prevails on any of its defenses. Show More Summary

Self-promotion: ABA Blawg 100

5 months agoIndustries / Law : 43(B)log

So it's come to this: the ABA Blawg 100 is coming around again, and if you like 43(b)log, I'd love your help staying on it! You can nominate by following this link. Thanks! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

When all you have is a Captain Hammer ...

5 months agoIndustries / Law : 43(B)log

The costumed performers who importune passersby in Times Square are not universally beloved. Via the WSJ comes this suggestion for getting rid of them:State Sen. Brad Hoylman, whose district includes Times Square, said the companiesShow More Summary

Purpose-transformativeness versus content-transformativeness

5 months agoIndustries / Law : 43(B)log

In 2008, Tony Reese presciently told us that the case law on fair use "transformativeness" showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use. Show More Summary

Deceptive whiskey?

5 months agoIndustries / Law : 43(B)log

The Whiskey Reviewer announces a series evaluating the marketing claims of various whiskeys. What I found quite striking was that the claims of interest were very much centered around "authenticity," both in production and in narrative:...Show More Summary

intent to use successful term in ads isn't intent to confuse

5 months agoIndustries / Law : 43(B)log

Overstock.com, Inc. v. Nomorerack.com, Inc., No. 2:13-CV-1095 (D. Utah June 30, 2014) Overstock sells a lot of stuff online: over one million products, with over six million customers last year. Nomorerack directly competes with Overstock, and has sold more than $420 million worth of products to nearly 5.2 million customers since it was founded. Show More Summary

Your daily unauthorized use

5 months agoIndustries / Law : 43(B)log

Geisinger Medical Center is expanding. Here's one of the images of what the new version will look like: Okay, but who are those handsome devils (also in Slide 17 of the Geisinger slide show)? Could it be Sam and Dean Winchester, as portrayed...Show More Summary

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